Personal Data Protection And What It Means In The US

By Frank Sanders

The US and how it views personal data protection -- and whether or not such protective measures as are instituted are vigorous enough -- should serve to give pause to many people in the country as far as it concerns personal data and how it is used or collected. It might surprise people, but much personal data is available to just about anyone who wants it.

At present, data privacy is neither assured nor very well legislated or regulated in the US. There are, in fact, a great many people or organizations that can require or use or obtain a credit report when a person goes to apply for a job or purchase an automobile or the like. Also, the US has no single controlling authority when it comes to regulating data collection or usage.

When it comes to the use, storage or acquisition of personal data, the weaknesses in the system can greatly affect how secure it is. This should serve to give pause when one realizes that anybody who takes the time to enter in data that has been collected on someone is considered to be the owner of that data even if they never took the time to obtain permission to to gather it.

It is also the case that the existing laws -- such as the Health Insurance Portability and Accountability Act -- actually are structured more along the lines of taking steps to ensure the smooth flow of personal data that was collected rather than the institution of vigorous protective mechanisms to make sure the data that was collected is sufficiently protected from theft or unauthorized usage.

And even though the United States Supreme Court recognized in a landmark decision that there existed within the Constitution and Bill of Rights a defined right to privacy is also the case that only a few states actually recognize an individual right to privacy. The lone exception seems to be California, which values individual privacy ahead of much of anything else.

When it comes to items that can be utilized to protect the privacy of personal data that is going to end up in information systems, there are a number of effective tools that can be utilized. Collectively, they are known as "privacy enhancing technologies, " or PET. They generally consist of computer tools, mechanisms or applications that can be applied to safeguard online privacy.

A few examples of such enhancing technologies are mechanisms that can generate random IP addresses and disposable e-mail addresses along with what are called anonymizers. These tools help wash a person's identity through many different channels so that the end result is no reliable identity can be established while a person is online.

As far as the implications for personal data protection in the United States, it should serve as a reminder that as increasing numbers of people begin making use of online mechanisms and other tools that exist in cyberspace in need will become greater than ever to ensure strong privacy exists. This includes strengthening laws that can work to help eliminate the possibility of personal data theft. - 32534

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